Written Answers Nos. 89-110
89. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the detail relating to the funding of contractors and employees working for GSOC for each of the years 2005 to 2016 to date; and if she will make a statement on the matter. [25029/16]
View answerI have been advised by GSOC that the total spend for the years 2006 up to and including 30 August 2016 is as set out in the table.
In the table the amounts shown as expended on contractors refers to those persons, organisations or groups who are engaged by GSOC for a limited period of time. They are engaged to carry out operations or functions that involve skills or capabilities that are not currently available within GSOC such as administration of IT systems and data analysis related to the review of records for an investigation file. The table does not include expenditure on services such as electrical maintenance, cleaning etc.
GSOC spend on Contractors /Payroll 2006 to 2016.
|
Year |
Contractors |
GSOC Payroll |
|
2006 |
€139,266.89 |
€611,307.00 |
|
2007 |
€536,559.93 |
€3,369,691.28 |
|
2008 |
€596,984.72 |
€5,916,177.59 |
|
2009 |
€161,390.12 |
€6,372,000.00 |
|
2010 |
€213,347.94 |
€5,765,772.22 |
|
2011 |
€146,307.15 |
€5,804,407.72 |
|
2012 |
€142,126.50 |
€5,645,598.53 |
|
2013 |
€164,033.20 |
€5,264,032.00 |
|
2014 |
€174,137.10 |
€5,207,026.09 |
|
2015 |
€258,069.47 |
€5,316,683.50 |
|
2016 |
€153,349.20* |
€3,298,382.03* |
* as at the 30 August 2016.
The Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established in December 2005 under the Garda Síochána Act 2005. The first Commissioners were appointed in 2006 and GSOC became operational in May 2007. The objectives, functions and powers of GSOC are governed by the 2005 Act. The Act also provides that the management and control generally of the officers, administration and business of GSOC is the responsibility of the Chairperson of GSOC.
90. Deputy Paul Kehoe asked the Tánaiste and Minister for Justice and Equality the meaning that will apply regarding requests under the Council of Europe Convention on the Transfer of Sentenced Prisoners, especially those with applications pending, in view of the Supreme Court decision to dismiss the State's appeal against orders directing the release of three prisoners; and if she will make a statement on the matter. [25031/16]
View answerThe Deputy is referring to the judgment by a majority decision of the Supreme Court on 12 July, 2016 in the case known as 'O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgment of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK, where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts 1995 -1997.
The judgment is detailed and complex and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland and vice versa. The practical effect of this judgment and whether it will necessitate legislative and-or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners abroad for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position.
I am further advised by the Irish Prison Service that it is currently dealing with 29 applications from prisoners abroad to serve their sentence in this jurisdiction.
91. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of medical posts unfilled across the Irish Prison Service; and if she will make a statement on the matter. [25032/16]
View answerI have been advised by the Irish Prison Service that in recent years difficulties have been experienced in recruiting general practitioners to work in prisons. In response to this, the Irish Prison Service has contracted an agency to provide locum doctors to ensure the continued provision of general practitioner services, where prison doctor posts are vacant. In addition, the Irish Prison Service has earlier this year contracted to provide general practitioners services under a “Contract for Service” arrangement in Cork prison. The table sets out the current position regarding prison doctor cover across the prison estate.
|
Prison |
Doctor Numbers |
Doctor Hours (Monday-Friday) |
GP cover current arrangements |
|
Arbour Hill |
0.3 WTE |
12hrs |
Locum doctor cover |
|
Castlerea |
0.4 WTE |
15hrs |
Locum doctor cover |
|
Cloverhill |
1.5 WTE |
59hrs |
1 WTE permanent doctor plus locum doctor cover |
|
Cork |
0.4 WTE |
15hrs |
Contracted GP Service under SLA |
|
Dochas |
0.6 WTE |
22.5hrs |
Permanent doctor |
|
Limerick |
0.4 WTE |
15hrs |
Locum doctor cover |
|
Loughan House |
0.25 WTE |
10hrs |
Locum doctor cover |
|
Midlands |
2.0 WTE |
78hrs |
1 WTE permanent doctor plus locum doctor cover |
|
Mountjoy |
1.4 WTE |
55hrs |
0.7 WTE permanent doctor plus locum doctor cover |
|
Portlaoise |
1.0 WTE |
39hrs |
Locum doctor cover |
|
Shelton Abbey |
0.25 WTE |
10hrs |
Locum doctor cover |
|
St. Patrick's Institution |
0.4 WTE |
15hrs |
Locum doctor cover |
|
Training Unit |
0.3 WTE |
11.5rs |
0.3 WTE permanent doctor |
|
Wheatfield |
1.5 WTE |
59hrs |
Locum doctor cover |
*WTE whole time equivalents
92. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the production of a code of ethics for the Irish Prison Service; and if she will make a statement on the matter. [25033/16]
View answerI can advise the Deputy that the Irish Prison Service published its Strategic Plan 2016 - 2018 "Creating a Better Environment" on 27 June 2016. The aim of the Strategic Plan is to create a better environment in the Service by developing and progressing four key actions: Staff Support, Prisoner Support, Victim Support and Enhancing Organisation Capacity. In building the Strategy the Irish Prison Service was cognisant of the recommendations for cultural change set out by the Inspector of Prisons in his Report "Culture and Organisation in the Irish Prison Service - A Road Map for the future".
Staff Support is identified as a key Strategic Action the Irish Prison Service will take over the next three years. A key goal of the Strategic Plan is to create a work environment that is centred on dignity and respect with clear standards of behaviour and ethics in place for staff, management and the organisation. To progress this the Irish Prison Service will promote the Council of Europe Code of Ethics for Prison Staff and introduce an Acceptable Behaviour Standard. This will set out what is expected of each individual in relation to behaviour, what individuals have a right to expect in relation to the behaviours of others and the mechanisms to quickly and effectively resolve behavioural issues. This will result in guidance for staff in how prisons should be managed, how prisoners should be treated and how prison personnel should behave to achieve a culture where respect and decency are to the forefront.
93. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the publication of the audit and evaluation of the prisoner complaint procedure by the Inspector of Prisons; and if she will make a statement on the matter. [25034/16]
View answerThe report of the Inspector of Prisons on the prisoner complaints system “Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Complaints Procedure” was published on 8 June, 2016 and is available on my Department's website - www.justice.ie. This identified a number of concerns in the implementation of the current complaints procedure. Arising from this I met with the Inspector of Prisons to discuss his findings. The Inspector made it clear to me that he considered the Irish Prison Service has to retain a central role in the complaints process but with independent oversight and that he was satisfied that a fair and effective complaints procedure could be achieved with the implementation of his recommendations. I also had a separate meeting with the Director General of the Irish Prison Service to see what action needed to be taken following on from the report.
In the light of this report it is clear that more needs to be done before we have a system that will gain the full confidence of staff, prisoners and the general public. One of the key recommendations in the Inspector's report is that prisoners’ complaints would be subject to review by the Ombudsman, who would also be able to deal with complaints directly in the case of undue delay. I accept this recommendation and my officials have already had a number of meetings with the Ombudsman's office and will be engaging with Department of Public Expenditure and Reform on the matter.
Another recommendation is that complaints would also be categorised as either serious Category A or minor Category B and that a robust investigative mechanism must be put in place in prisons to ensure the proper investigation of Category A complaints. While I fully accept this recommendation, I am concerned that replacing external investigators with an internal IPS team of investigators might give rise to a perception of bias. I have directed that more training be provided for external investigators and that this independent investigative element be maintained for a 12 month period and then reviewed.
I have also accepted further recommendations in the report. These include resolving minor complaints at the lowest level; allowing prisoners to make complaints to relevant professional bodies; prisoners being entitled to an explanation for decisions made affecting them; frivolous and vexatious complaints being addressed; and the application of fair procedures. Similarly the recommendations on adequate training, adhering to protocols and statutory obligations, holding staff to account, not hindering the complaints procedure and having an effective communication system are accepted.
In my meeting with the Inspector about his report, I specifically asked him to keep the complaints procedure under review and to give me regular reports. I emphasised that the rights of all prisoners, including vulnerable prisoners, have to be promoted and an effective complaints system is just one aspect of achieving this goal.
While some amendment to secondary legislation may be required to effect these recommendations, it is not envisaged that primary legislation would be required.
94. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the steps that have been taken to appoint a director of prison health care services as required by the Care and Rehabilitation Directorate under Prison Rule 99(2). [25035/16]
View answerI can advise the Deputy that the Irish Prison Service has in place a Director for Care and Rehabilitation. Included under the remit of the Care and Rehabilitation Directorate are, inter alia, prison health care services and the Irish Prison Service psychology service.
Following recommendations from both the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Inspector of Prisons, the Irish Prison Service is also seeking to fill the post of Executive Clinical Lead as soon as is practicable.
95. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the steps she has taken in relation to relocating the Irish Prison Service headquarters from Longford in order to improve the organisation of the service; and if she will make a statement on the matter. [25036/16]
View answerI can inform the Deputy that there are no plans to relocate the Irish Prison Service Headquarters from Longford.
96. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 45 of 21 April 2016, if she will provide information outlining the length of each sentence, such information having been provided in similar Parliamentary Questions submitted previously; the reason this is being withheld now; and if she will make a statement on the matter. [25037/16]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.
However, in order to be of assistance, a table prepared by the Courts Service outlining the number of drug dealing convictions under mandatory minimum sentencing provisions for possession of drugs over a value of €12,500 as set out in Section 27 of the Misuse of Drugs Act 1977 (as amended by the Criminal Justice Acts 1999, 2006, and 2007) during the years 2011 to 2015, and the resulting sentences for each conviction was forwarded to you on 15 September 2016 in response to your letter on this matter. The Courts Service has advised that the figures for 2016 will not be available until early 2017.
98. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if consideration will be given to the need for a specialist family court to be established nationally where specialist judges are assigned to family law on a permanent or long-term basis and deal exclusively with family law on specially fixed family law days; and if she will make a statement on the matter. [25044/16]
View answerI can inform the Deputy that my Department is currently preparing draft legislation to develop and reform the family court system and I will be making proposals to Government in this regard very shortly. The purpose of these reforms is to address certain problems identified in the family court process, including delays in hearings and court facilities which are regarded as less than adequate in some cases. Key reforms will include a new dedicated family court as a separate and distinct division within existing court structures (i.e. a District Family Court, Circuit Family Court and Family High Court). This will facilitate the development of specialist judicial expertise and case law within the family law area and the allocation of dedicated resources to improved designated facilities.
99. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if consideration will be given to the number of cases before the family courts and the waiting times for hearings in family law cases; and if further consideration will be given to recruiting and appointing additional judges to tackle these waiting times. [25045/16]
View answer127. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if consideration will be given to the provision of more judges to sit in the Dublin District Court where there can currently be as many as 22 cases listed in the family courts, Dolphin House; if further consideration will be given to the provision of more private consultation rooms for non-child care family law cases where there are currently three waiting rooms and a further waiting room shared by a men's group; and if she will address the urgent need for waiting rooms since the enactment of the Children and Family Relationships Act 2015 for children brought to court in family court buildings. [25304/16]
View answerI propose to take Questions Nos. 99 and 127 together.
As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, including the provision of facilities for court users. The scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the assignment of judges and the distribution of the business of the District Court, including in the Dublin Metropolitan District, is a matter for the President of the District Court. The decision on the number of judges to hear family law matters in Dolphin House is a matter for the President of the District Court.
The President of the District Court, in consultation with the Courts Service, keeps the distribution of business in Dolphin House under regular review and where specific issues are identified appropriate action is taken bearing in mind any constraints imposed by the availability of judicial, administrative or structural resources. In this context, the Courts Service is making final arrangements for the relocation of the three child care hearing courts currently located in Dolphin House to the Chancery Street Courthouse in September 2016. This will increase the number of dedicated courtrooms available for the hearing of District Family Law cases to eight and will facilitate the holding of additional family courts and reduce waiting times and the number of cases listed per court per day.
The Courts Service has commenced discussions with the users of Dolphin House as to how the additional space resulting from the transfer of the three courts from Dolphin House to Chancery Street can be used for the benefit of all court users, bearing in mind the restrictions of the building and the health and safety and security needs of all who attend the building.
I am pleased that plans for a dedicated and integrated Family Law and Children’s Court building on a site at Church Street and Hammond Lane, adjacent to the Four Courts are progressing well. This will provide new family law courts for the District, Circuit and High Courts in a single location with associated facilities and it is currently envisaged that the new facility will be available by 2020.
100. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that Phoenix House Circuit Court, Dublin will no longer rule terms of settlement in judicial separation and divorce by means of a notice of motion to rule settlement terms and now requires settlements to be ruled by means of a motion for judgment in default before the County Registrar and then the court; if her attention has been drawn to the fact that this is causing delays; if it is the intention of the Courts Service to make a new rule in this regard; if so, the timeframe for same; and if she will make a statement on the matter. [25046/16]
View answerAs the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that there are no resultant delays in this area. Where the pleadings are otherwise in order, both sides are represented and judgment is uncontested, a notice of motion for judgment in default can be heard in Dublin Circuit Court within three or four weeks from the date of issue (excluding vacation periods).
The Courts Service has also informed me that the manner in which the courts require applications to be prepared in advance of being dealt with by a judge are matters within the responsibility of the courts and the judiciary, who are subject only to the Constitution and the law, and are independent in the exercise of their judicial functions. It is also the case that the Court Rules Committee and not the Courts Service that has responsibility for the initiation of Rules of Court.
101. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if consideration has been given to examining the operating times of courts here, particularity in family law; if further consideration has been given to the courts being open and operating from 10 a.m. to 1 p.m. and from 2 p.m. to 4.45 p.m. in order to increase the number of cases processed; and if she will make a statement on the matter. [25047/16]
View answerAs the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and the scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the times at which court hearings take place and the length of hearing days are matters falling within the responsibility of the judiciary. Court hearing times are arranged to enable judges to prepare for the case, read the papers where appropriate in the case or cases listed before them for hearing and to complete other preparatory work associated with their lists. Judges, in individual cases, regularly arrange earlier times for commencement of hearings and extend hearings beyond the usual finishing time to facilitate parties, witnesses and legal representatives, and to ensure hearings are completed within the time allocated to them in the court's calendar.
Business is scheduled in so far as possible with a view to ensuring that the court has sufficient business for the full duration of a scheduled sitting. The Court normally has no advance notice of matters that will not proceed, matters that will proceed as expected and matters that overrun their expected duration. Inevitably, on occasions, cases listed for hearing may settle and the Court will finish early. The Court, in scheduling cases, endeavours to strike a balance between managing the expectations of parties that their cases will get listed for hearing and the realistic possibility of such occurring.
The Presidents of the Courts, in consultation with the Courts Service, keep waiting times under regular review. Where specific issues are identified additional judicial resources are targeted at the areas of greatest need. Currently final arrangements are being put into place to redistribute the work of the District Court in Dublin to allow the use of three courtrooms in Chancery Street Courthouse for District Court Family Law child care business. This will increase from five to eight the available courtrooms in Dublin to hear family law matters in the District Court. The opening of the additional courts will impact positively on current waiting times in family law in Dublin.
As the Deputy will be aware, it is my intention, subject to Government approval, to bring forward proposals in the coming months regarding a dedicated Family Court and issues relating to access to the Family Courts and optimising the use and availability of court time are likely arise for discussion in the course of discussions and consultations on those legislative proposals.
102. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that in the Dublin Circuit Family Court on 17 June 2016 the fixing of hearings list before the County Registrar listed cases for hearing in January 2017 but due to the number of cases in the court system cases on that day were being given a hearing date in excess of six months later; if her attention has been drawn to the reasons for this delay; and if she will make a statement on the matter. [25048/16]
View answerThe Deputy will be aware that the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, including the scheduling and hearing of court cases.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that County Registrars, in exercising their quasi judicial functions, are independent in the exercise of such functions. The availability of dates for hearings in the courts is determined by the estimated duration of such hearings. In relation to the fixing of hearing dates in the Dublin Circuit Family Court on 17 June 2016, most of the requests for hearing dates were accommodated in October/November 2016 which is a waiting time of 4 to 5 months and also includes the summer vacation period. However, certain hearings were estimated to require a longer period than normal and these cases were therefore listed for later dates when the courts had sufficient time to hear the matters to a conclusion.
103. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number of Garda reserves in Counties Cavan and Monaghan in tabular form; the way they are being utilised given the shortage of gardaí in divisions across the country due to the number of retirements and lack of recruitment; and if she will make a statement on the matter. [25050/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including Garda Reserves, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
In relation to the specific query raised by the Deputy, the number of Garda Reserves in the Cavan/Monaghan Division as on 31 July 2016, the latest dates for which figures are readily available, is as set out in the table.
There are currently in the region of 800 Reserves making a real and tangible contribution to the policing of communities right across the country. This is recognised by the commitment in the "Programme for a Partnership Government" to double their number so that they can act in a supportive role to full-time members, undertaking local patrols and crime reduction measures. The Commissioner is currently developing plans to deliver increased numbers of Reserves and, in this context, is assessing their existing powers and whether an extension of these powers might provide operational advantages to the organisation.
With regard to recruitment generally, this Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the "Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 15 of these have been assigned to Cavan/Monaghan. Another 150 will attest later this year.
In order to continue to ensure seamless ongoing recruitment of trainee Gardaí I was very pleased to announce the commencement of a new recruitment campaign on 8 September which includes a special stream for eligible reserve members. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.
As I have stated previously, when accelerating recruitment it is essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public are well served. I welcome the detailed planning process that the Commissioner and her team have in place to ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.
Cavan/Monaghan Garda Reserves as of 31 July 2016
|
Cavan |
5 |
|
Carrickmacross |
3 |
|
Bailieboro |
1 |
|
Clones |
0 |
|
Castleblayney |
2 |
|
Monaghan |
4 |
|
TOTAL |
15 |
104. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views regarding initiatives she has taken in relation to the possibility of converting some of the countries prisons to low security status, particularly for women prisoners, in view of the fact that the overwhelming majority of prisons are of closed medium security; and if she will make a statement on the matter. [25051/16]
View answerI am advised by the Irish Prison Service that it has made a commitment to explore the development of an open centre/open conditions for women assessed as low risk of re-offending. This commitment was acknowledged in the Report on the Strategic Review of Penal Policy which also recommended a greater focus on step down facilities, supported accommodation, the use of more community based open conditions for female offenders and the provision of an open centre for women.
The joint Probation Service/Irish Prison Service Women's Strategy 2014 - 2016, "An Effective Response to Women Who Offend" is ongoing and will be reviewed at the end of its term. The Women’s Strategy sets out how the Irish Prison Service and the Probation Service work together, as well as with other statutory, community and voluntary sector partners, to provide women-focused interventions to help reduce offending, improve opportunities for reintegration and to improve outcomes more generally.
As part of the Joint Strategy, a joint Irish Prison Service/Probation Service working group considered an open centre for women and decided to recommend step down facilities for women as a more practical and cost effective way to address the deficit rather than developing an open centre for women. In this regard, I have given approval to the Heads of the Irish Prison Service and Probation Service to proceed to scope the possibilities for the development of a step down unit in Dublin.
There are 14 institutions in the Irish prison system consisting of: Portlaoise, which is the maximum security prison in the state; 10 traditional 'closed' prisons; 2 open centres; and 1 semi-open centre. These prisons are suitable for the prison service's needs at present. There are no plans to convert some of the country's prisons to low security status. I can advise the Deputy in regard to the female accommodation within the prison estate that planning is well under way for the modernisation and expansion of facilities in Limerick Prison. Part of this redevelopment includes the provision of high quality prison accommodation for female prisoners with a capacity of approximately 50 individual cells and 8 transition units, which will more than double its current capacity.
Alternatives to custody continue to be pursued and legislation has already been passed. The Criminal Justice (Community Service) (Amendment) Act 2011 requires the sentencing judge to consider the imposition of community service where a custodial sentence of 12 months or less is being considered.
105. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality if there is recourse open to a person who is in an insolvency arrangement and who now feels they have been unfairly treated by their main creditor, that is the bank vis-a-vis other informal arrangements entered into outside of the formal insolvency process with other debtors; and if she will make a statement on the matter. [25057/16]
View answerThe Deputy will appreciate that the terms offered by creditors to debtors may vary between different institutions, over time, and between different categories of debtors. Different terms may also be offered between formal and informal arrangements. It is difficult to draw valid comparisons in individual cases for that reason.
A person who has entered a Personal Insolvency Arrangement will, however, have had the advantage of being fully advised by their personal insolvency practitioner, as required by section 52 of the Personal Insolvency Acts, on all the options available at that point to address their financial difficulties - including an informal arrangement, as required by section 52(2)(d) - and will have made their decision on what arrangement to enter with the benefit of that advice, confirmed in writing as also required by section 52.
If the debtor's circumstances have changed materially since he or she entered the arrangement, section 119 of the Personal Insolvency Acts allows their personal insolvency practitioner to propose a variation of the arrangement.
106. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in progressing an application for change of status in the case of a person (details supplied); and if she will make a statement on the matter. [25062/16]
View answerI refer to my previous Parliamentary Question reply of 14 April 2016, in which I stated that I had been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for change of status by the person concerned had been refused on 7 November 2014. While additional documentation was submitted to INIS subsequently, I would suggest that the person concerned write to INIS and update the Residence Division there as to their current overall situation, particularly as regards their family situation and future employment prospects.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
107. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on correspondence (details supplied) regarding visas and citizenship; and if she will make a statement on the matter. [25065/16]
View answerI am advised by officials of the Irish Naturalisation and Immigration Service of my Department that the current processing times for 'Join Family' visa applications being processed by the Visa Office in Dublin is approximately 8 months. Applications processed in the seven Visa Offices abroad currently have a shorter processing time.
In the absence of more detailed information, it is not possible to identify the application referred. If the Deputy can provide further information to include the person's name and visa application reference number, I will ask my officials to clarify the current position.
108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and-or expected position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [25068/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 8th November 2007 and therefore has no entitlement to residency in the State.
Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
109. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality the number of Garda that earn between €10,000 and €100,000 per year in tabular form; and if she will make a statement on the matter. [25084/16]
View answerI have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.
